Greece: Green relief for pain

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Greece: Green relief for pain

The multi-member Civil Court of Athens recently issued an interesting judgment regarding the criteria when comparing composite trade marks covering pharmaceutical products and consisting of words and coloured devices. The dispute in question referred to a main lawsuit filed against a Greek company regarding infringement of the famous trademark Aspiring. The plaintiff claimed that the colour combination of green and white with black lettering is widely recognisable by consumers as an essential element of its Aspiring product marking and that this combination is associated with the plaintiff. The infringing product was a pharmaceutical product for the relief of pain, antipyretics and analgesic which circulated in the market in a packaging bearing the colours green and white with black lettering and under a different word mark.

The adversary claimed that many other trade marks covering pharmaceutical products and namely analgesics circulate in the EU market in packages bearing the colour combination green and white, all of which are imported and circulate in Greece as well. Therefore this colour combination cannot be associated solely with the plaintiff.

The Court ruled that in the packaging of a product the dominant element is the word part and not the colour combination. Moreover it ruled that the colour green is selected for the packaging of analgesic products because according to psychological studies and behaviour studies, this colour has been linked in the public consciousness with the idea of pain relief and is related to the feelings the different colours consciously or subconsciously cause to consumers. In view of the above, the Court rejected the plaintiff's main action.

This decision is interesting because the Court when issuing its judgment adopted a scientific reasoning and raised the issue that exclusive trade mark rights cannot be asserted for certain colour combinations when they are subconsciously connected to a treatment. Moreover the Court also took into consideration the status of the infringing company being a well-known Greek pharmaceutical company.

Maria Kilimiris


Patrinos & Kilimiris

7, Hatziyianni Mexi Str.

GR-11528 Athens

Greece

Tel: +30210 7222906, 7222050

Fax: +30210 7222889

info@patrinoskilimiris.com

www.patrinoskilimiris.com

more from across site and SHARED ros bottom lb

More from across our site

Heath Hoglund, president of Via LA, discusses how it sets royalty rates and its plans to build on growth in China
Stobbs stands accused of interfering with the administration of justice after Brandsmiths’ client was subjected to an interim injunction for unjustified threats
The firm, known for its prosecution expertise, discusses its plans following the appointment of a UK-based patent litigation head and two new partners
Ed White at Clarivate provides an exclusive insight into the innovation power clusters reshaping Europe and the Middle East’s IP landscape, and why quality is the new currency of invention
In the first in a new podcast series celebrating the tenth anniversary of IP Inclusive, we look back at the network’s origins and discuss its mission
Rebecca Schwarz at Haynes Boone shares how her team secured victory for biopharma client RedHill in a licensing dispute involving a developmental cancer drug
News of a breakaway firm launching in Germany and a spike in vaccine-related patent applications were also among the top talking points
A flurry of hiring activity among UK firms suggests they are confident of mounting a serious challenge at the UPC
With the submission deadline approaching, we sat down with our research team to provide top tips on how to make your firm stand out
EA, owner of video games including Madden and The Sims, will be sold to a consortium including Saudi Arabia’s Public Investment Fund and a firm owned by Donald Trump’s son-in-law
Gift this article